Welcome, Guest. Please login or register.
March 28, 2024, 12:17:36 PM

Login with username, password and session length

Recent Topics

[Today at 11:50:57 AM]

[Today at 11:49:33 AM]

[Today at 11:22:14 AM]

[Today at 11:08:39 AM]

[March 27, 2024, 07:25:42 PM]

[March 27, 2024, 07:05:39 PM]

[March 27, 2024, 04:18:57 PM]

[March 27, 2024, 12:35:34 PM]

[March 27, 2024, 11:18:23 AM]

[March 26, 2024, 07:45:07 PM]

[March 26, 2024, 06:19:03 PM]

[March 26, 2024, 05:47:06 PM]

Support NCKA

Support the site by making a donation.

Topic: How Do I Catch a Trespasser on My Property?  (Read 1185 times)

0 Members and 1 Guest are viewing this topic.

Hojoman

  • Manatee
  • *****
  • View Profile
  • Location: Fremont, CA
  • Date Registered: Feb 2007
  • Posts: 32187
Question: I own property in a rural part of Monterey County although I don’t live there all the time. I am there most weekends and many weeklong stretches throughout the year. Twice in the last month, I found a gate open on my property that should always be closed. I know for sure I left it latched and there were no other people authorized to be there. Last November I found a single empty .30-06 casing on the road that was still shiny and looked fresh. I have some pigs on my property and I think the people there may have been trespassers. I’m fine with hunting (with permission), but not with trespassing. What is the best course of action to help figure out what is going on and stop trespassers? (Anonymous)

Answer: There are several things you can do. Hopefully you have neighboring property owners who could lend their eyes and ears to help identify anyone coming or going from your property. Advise them of the problem and ask if they have experienced the same. In order to catch trespassers, wildlife officers will need vehicle descriptions, especially license plate information, and descriptions of persons as well.

The primary law that applies to your situation is Fish and Game Code (FGC), section 2016, commonly referred to as the “Hunter Trespass” law. It states, “It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:

a.   The land belongs to or is occupied by another person and is either under cultivation or enclosed by a fence.

b.   There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily inundated by water flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted.

Make sure you place “No Trespassing” signs around the boundaries and entry and exit points of your property to comply with FGC, section 2016. The more obvious your signs are, the more obvious the trespasser is knowingly in violation of section 2016(b), assuming your property is not already fenced or under cultivation. You should talk your neighbors into doing the same. Chances are, if you have trespassing problems, they do too.

FGC, section 2004(a) could also be helpful, particularly if you graze livestock on the property. It states, “It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind.”

If a trespasser leaves your gate open or damages your fence, it could be another violation.

Try using trail cameras. Trail cameras are becoming more and more affordable and more commonly used by private property owners. They are helpful tools, not only to potentially catch trespassers, but often to identify wildlife you may not even realize is calling your property home. You may want to set up a camera near the gate where you are having a problem. Orient the camera where it cannot be seen, and make sure it’s set up to capture a vehicle license plate.

Know the CalTIP 24/7 number, (888) 334-2258, and be ready to notify us of a crime in progress. We suggest adding it to the contacts in your phone, and make sure your neighbors are familiar with the number as well.

Lastly, contact your local wildlife officer and introduce yourself. Consider inviting him or her to your property to walk through layout, pointing out entry and exit points. Many landowners develop excellent working relationships with their local wildlife officers, which can facilitate stopping trespassers, if that is in fact what you have going on. Wildlife officers can quickly take a look at your situation and advise you how best to address your potential hunter trespassing problem.


Wildrooster

  • Salmon
  • ***
  • View Profile
  • Location: Valley springs
  • Date Registered: Oct 2015
  • Posts: 447
A cheap simple hunting camera hidden one with no flash
Will get license plate car or truck place it out side of the gate discreetly
Better yet one more looking at the gate from inside this could pick up faces and maybe a third around we’re you think they are parking then you can show guns faces everything
You very well may find your place is more popular than you think
 Be sure to place a camera surveillance sign
Question: I own property in a rural part of Monterey County although I don’t live there all the time. I am there most weekends and many weeklong stretches throughout the year. Twice in the last month, I found a gate open on my property that should always be closed. I know for sure I left it latched and there were no other people authorized to be there. Last November I found a single empty .30-06 casing on the road that was still shiny and looked fresh. I have some pigs on my property and I think the people there may have been trespassers. I’m fine with hunting (with permission), but not with trespassing. What is the best course of action to help figure out what is going on and stop trespassers? (Anonymous)

Answer: There are several things you can do. Hopefully you have neighboring property owners who could lend their eyes and ears to help identify anyone coming or going from your property. Advise them of the problem and ask if they have experienced the same. In order to catch trespassers, wildlife officers will need vehicle descriptions, especially license plate information, and descriptions of persons as well.

The primary law that applies to your situation is Fish and Game Code (FGC), section 2016, commonly referred to as the “Hunter Trespass” law. It states, “It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:

a.   The land belongs to or is occupied by another person and is either under cultivation or enclosed by a fence.

b.   There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily inundated by water flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted.

Make sure you place “No Trespassing” signs around the boundaries and entry and exit points of your property to comply with FGC, section 2016. The more obvious your signs are, the more obvious the trespasser is knowingly in violation of section 2016(b), assuming your property is not already fenced or under cultivation. You should talk your neighbors into doing the same. Chances are, if you have trespassing problems, they do too.

FGC, section 2004(a) could also be helpful, particularly if you graze livestock on the property. It states, “It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind.”

If a trespasser leaves your gate open or damages your fence, it could be another violation.

Try using trail cameras. Trail cameras are becoming more and more affordable and more commonly used by private property owners. They are helpful tools, not only to potentially catch trespassers, but often to identify wildlife you may not even realize is calling your property home. You may want to set up a camera near the gate where you are having a problem. Orient the camera where it cannot be seen, and make sure it’s set up to capture a vehicle license plate.

Know the CalTIP 24/7 number, (888) 334-2258, and be ready to notify us of a crime in progress. We suggest adding it to the contacts in your phone, and make sure your neighbors are familiar with the number as well.

Lastly, contact your local wildlife officer and introduce yourself. Consider inviting him or her to your property to walk through layout, pointing out entry and exit points. Many landowners develop excellent working relationships with their local wildlife officers, which can facilitate stopping trespassers, if that is in fact what you have going on. Wildlife officers can quickly take a look at your situation and advise you how best to address your potential hunter trespassing problem.

« Last Edit: March 29, 2018, 07:31:59 PM by Wildrooster »
glade you made it
now let's get our fish on

Ascend FS128T
Hobie AI yellow


crash

  • Sea Lion
  • ****
  • View Profile
  • Location: Eureka
  • Date Registered: Dec 2007
  • Posts: 6584
Not my area so don’t take this as legal advice, but I think game cameras don’t need a sign because they don’t record audio. I’ll look at it tomorrow if I remember.

Putting up a sign might deter trespassers. It also might end up getting your cameras stolen. Interesting dilemma.
"SCIENCE SUCKS" - bmb


Chadrock

  • SonomaCoastSafetySquad
  • Sea Lion
  • ****
  • View Profile
  • Location: Sonoma County
  • Date Registered: Aug 2008
  • Posts: 3567
Not my area so don’t take this as legal advice, but I think game cameras don’t need a sign because they don’t record audio. I’ll look at it tomorrow if I remember.

Putting up a sign might deter trespassers. It also might end up getting your cameras stolen. Interesting dilemma.

Most newer game cams do record audio nowadays.
Put up a ton of cheap ones. If nothing else, they're fun.
I thought it was only a legal issue if there was an expectation of privacy. I dunno.
If you want to thank a Vet, be a person worth fighting for.

1st place Red Barn Classic 2010


mireland62887

  • Sand Dab
  • **
  • View Profile
  • Location: Vacaville, CA
  • Date Registered: Nov 2016
  • Posts: 59
All good suggestions.

A big, clear, bold "NO TRESPASSING" sign right at the gate would be a good start.

A handful of well hidden game cameras that will get a vehicle/plate right at the gate would help find out who they are and give something for local law enforcement and/or DFG to follow up on.

You could also buy a cheap, fake surveillance camera and put it up for all to see. Add a sign that says, "Site under 24 hour surveillance."  Put it on a 10' pole so it's obvious. While it may get swiped someday, it will most likely turn most people away.


mireland62887

  • Sand Dab
  • **
  • View Profile
  • Location: Vacaville, CA
  • Date Registered: Nov 2016
  • Posts: 59
Regarding the audio...I'm fairly certain someone has no reasonable expectation of privacy on YOUR land. I could be wrong, but the wiretapping laws are designed to keep people from secretly recording phone calls without someone's knowledge. If they are in a public place, or more importantly on YOUR land, they have no expectation of privacy and a game camera that includes audio is perfectly okay.


Tote

  • One life, right? Don't blow it.
  • Global Moderator
  • View Profile
  • Location: Diamond Springs, CA
  • Date Registered: Jul 2005
  • Posts: 12979


You could also buy a cheap, fake surveillance camera and put it up for all to see. Add a sign that says, "Site under 24 hour surveillance."  Put it on a 10' pole so it's obvious. While it may get swiped someday, it will most likely turn most people away.

Then hide a real one pointing at the fake so you can catch them when they rip it off.
<=>


NowhereMan

  • Manatee
  • *****
  • 44.5"/38.5#
  • View Profile YouTube Channel
  • Location: Lexington Hills (Santa Clara County)
  • Date Registered: Aug 2011
  • Posts: 11259


You could also buy a cheap, fake surveillance camera and put it up for all to see. Add a sign that says, "Site under 24 hour surveillance."  Put it on a 10' pole so it's obvious. While it may get swiped someday, it will most likely turn most people away.

Then hide a real one pointing at the fake so you can catch them when they rip it off.

Genius!
Born in Arizona
Moved to Babylonia
Got a condo made of stone-a


CGN-38

  • Del Valle Storm Trooper
  • Sea Lion
  • ****
  • Survivor Del Valle FnC 09'
  • View Profile
  • Location: Felton, CA. (In the Redwoods)
  • Date Registered: Mar 2005
  • Posts: 3651
 :smt006
Is the gate chained and locked?


Member/survivor STORM TROOPER Brigade


Squidder K

  • On the 7th day God created fishing!
  • Sea Lion
  • ****
  • Old Squidder's never die!
  • View Profile
  • Location: Bremerton, WA
  • Date Registered: Jul 2008
  • Posts: 3516
There is always the East German Method of mining the border, after the first trespasser the rest will not follow.  Lol
Kevin Storm
"A bad day fishing, still beats a good day of work!"
Hobie Quest
Necky Kyook
Hero's on the Water
Veteran 36th Infantry Division "The Fighting Texans"
Patriots Fan since 1967
https://www.youtube.com/results?search_query=field+artillery+song


solsrf1

  • Industry Affiliate
  • *
  • View Profile
  • Location: Sacramento
  • Date Registered: Apr 2007
  • Posts: 1543
:smt006
Is the gate chained and locked?
+1, why not just lock the gate and post No Trespass signs? Have you reported the incident of finding a spent round to the local authorities? You could also consider posting Beware of Dogs, insured by Smith & Wesson, and a sign stating that the property is under video surveillance. Good luck!
 

Big Hammer Pro Staff
Kayak Connection Fishing Team